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Adjudicator Samia Makhamra of the Licence Appeal Tribunal (“LAT”) released her decision in D.S. v. TD Insurance on June 16, 2017. The ruling is a life changing result for Mr. D.S. and a great win for Oatley Vigmond.

During the evening of September 28, 2015, Mr. D.S. was running down a residential street when he tripped over a low stone retaining wall separating two houses. He fell headfirst into a parked vehicle on a driveway. As a result of the incident, he sustained severe spinal cord injuries.

Going into the hearing, TD Insurance took the position that Mr. D.S. did not hit the parked vehicle and that the incident did not satisfy the definition of an accident as defined under the Statutory Accident Benefits Schedule (“SABS”).

Upon hearing evidence from a biomechanical engineer expert, the LAT found that Mr. D.S.’ injuries were directly caused by the contact between his head and the parked vehicle. After thoroughly reviewing the case law on the issue, the LAT also found that the incident satisfied the legal test setting out what constitutes an accident under the SABS. As a result of the ruling, TD Insurance has accepted the claim and Mr. D.S. will be able to receive the funding he needs for his severe injuries.

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